Nazir Ahmad Mir vs Union Of India And Ors

Rahul Bharti, J

The petitioner is aggrieved of deduction being effected from his monthly salary on account of purported recovery of ex-gratia compensation received by him on account of death of his relations which as per the Authorities concerned are said to have migrated to POK and not demised.

The petitioner is said to have earned compensation of amount of Rs. 6.00 lacs (Rs. 1.00 lac per family member lost). The deduction is being effected in terms of a direction/order no. DCK/R/23/343-47 dated 31.05.2023 issued by the Additional Deputy Commissioner, Kupwara to the Commanding Officer, BSF of the petitioner.

The petitioner is aggrieved that on misconceived basis, the petitioner is being subjected to stigmatic treatment. The petitioner is serving as a Constable BSF. The petitioner submits that he has a family which is solely dependent on the monthly salary of the petitioner and one of the children of the petitioner is also suffering from a medical ailment for which it is only out of the salary of the petitioner that the petitioner is able to meet the medical condition of the said ailing child.

Response to this writ petition is still awaited from the respondents.

Considering the fact that petitioner has not been heard before subjecting him to suffer deduction of salary, as such, this Court directs that operation of impugned communication no. Div.Com/Releif(1616)/74 dated 02.08.2022 and communication no. DCK/R/23/343-47, dated 31.05.2023 shall remain stayed till next date of hearing before the Bench.

This order is, however, subject to objections from the other side.

Reply be filed within a period of four weeks.

List on 21.02.2024.